Whitten v. Allen

GENE CARTER, Chief Judge.

AFFIRMING IN PART AND MODIFYING IN PART THE RECOMMENDED DECISION OF THE MAGISTRATE

The Honorable Edward H. Keith, United States Magistrate, filed with this Court on October 6, 1989 his Recommended Decision dismissing without prejudice Petitioner’s *29petition for a writ of habeas corpus under 28 U.S.C. § 2254.1 The Magistrate found that Petitioner, by failing to appeal an adverse judgment in his post-conviction review proceeding, failed to exhaust his state court remedies and, therefore, held that Petitioner must pursue certain claims in state court. Respondent argues…